The case holding that the claim for nullity of marriage constitutes abuse of right

While the claimant entered into a marital relationship with the non-party (A) and filed a report of marriage with the non-party (B) while living a marital relationship with the non-party (A), the respondent filed a report of the death of the claimant after the death of the non-party (A) and filed a report of marriage with the non-party (A) and filed a report of marriage with the deceased non-party (A), the respondent's claim that the marriage between the defendant and the deceased is invalid because the defendant and the deceased are all asserted that the marriage between the defendant and the deceased are valid, and it constitutes abuse of rights in accordance with the good faith.

Articles 2 and 815 of the Civil Act

Appellant (Attorney Jeon Byung-il, Counsel for plaintiff-appellant)

【Court of Second Instance】

Daegu High Court Decision 81Reu71 delivered on October 19, 1982

The appeal is dismissed.

The costs of appeal shall be borne by the appellant.

The appellant’s attorney’s ground of appeal is examined.

According to the facts duly established by the court below, the claimant completed the marriage report of August 13, 1932 with the deceased non-party 1 and the deceased non-party 1, and entered into an internal relationship with the non-party 2 in around 1944 and gave birth of 4 South and North Korea to the non-party 2 in the Seocho-gun of Seoul Special Metropolitan City after the opening of the house, and completed the marriage report under the name of the non-party 1 in July 19, 1957. Meanwhile, from around 1946, the respondent was living as the husband and wife. The respondent reported the death of the claimant after the death report of the non-party 1 ( September 16, 1973) and reported the marriage between the respondent and the deceased non-party 1 and the claimant for the inheritance of this case.

If the facts are as above, the report of marriage between the defendant and the defendant and the non-party 1 was based on the gross area after the death of the defendant and the defendant, so it is not reasonable to nullify it. However, double-ho, but the plaintiff who completed the report of marriage with the plaintiff 2 was an effective marital relationship between the defendant and the non-party 1, on the ground that the marriage relationship between the defendant and the defendant and the non-party 1 was invalid. As a result, the defendant's assertion that the marriage relationship between the defendant and the two persons is valid, and it cannot be viewed as an exercise of rights in accordance with the good faith. Thus, the court below's decision that the plaintiff's exercise of rights constitutes an abuse of rights is justified, and there is no error of law such as the theory of lawsuit.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Il-young (Presiding Justice)